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Justinian I · The Digest of Justinian §49.3.1.pr-49.3.1.1

To Whom Appeals Lie from Appointed Judges and Delegated Jurisdiction

Passage 8495 of 9271 · Latin

Summary

This section regulates the destination of appeals against officials who appointed a judge (or their successors) and against those to whom jurisdiction was delegated.

[ULPIANUS libro primo de appellationibus. ] §49.3.1.prQuod dicitur eum appellari, qui dedit iudicem, sic accipiendum est, ut et successor eius possit appellari.
[ULPIANUS, On Appeals, Book 1.] The statement that he who appointed a judge is appealed against must be understood in such a way that his successor also can be appealed against.
proinde et si praefectus urbi iudicem dederit uel praetorio, ipse erit prouocandus, qui eum dederit iudicem.
Therefore, even if the prefect of the city or the praetorian prefect has appointed a judge, he himself who appointed the judge will be the one to be appealed to.
§49.3.1.1Ab eo, cui quis mandauit iurisdictionem, non ipse prouocabitur: nam generaliter is erit prouocandus ab eo cui mandata est iurisdictio, qui prouocaretur ab eo qui mandauit iurisdictionem.
In an appeal from one to whom someone has delegated jurisdiction, it is not the delegator himself who will be appealed to; for generally, in an appeal from the person to whom jurisdiction has been delegated, that person must be appealed to who would have been appealed to from the person who delegated the jurisdiction.

Notes

  1. §49.3.1.prQuod dicitur eum appellari, qui dedit iudicem — A noun clause introduced by the relative pronoun quod, presenting the topic at the beginning of the sentence ("As for the statement that..."). The phrase eum appellari is an accusative with infinitive construction functioning as the subject of dicitur, meaning "that he who appointed the judge is appealed against".
  2. §49.3.1.prpraetorio — This refers to the praefectus praetorio (praetorian prefect), corresponding to the preceding praefectus urbi (prefect of the city). The noun praefectus is omitted, leaving only the dative (or ablative) neuter singular form of the adjective praetorio.
  3. §49.3.1.1Ab eo, cui quis mandauit iurisdictionem, non ipse prouocabitur — The prepositional phrase ab eo indicates the source of the appeal ("in an appeal from the person to whom..."). The subject pronoun ipse refers to the delegator (qui mandauit), stating that the delegator himself is not the one to be appealed to.
  4. §49.3.1.1is erit prouocandus ab eo cui mandata est iurisdictio, qui prouocaretur ab eo qui mandauit iurisdictionem — The core structure is is erit prouocandus... qui prouocaretur..., where the antecedent is and the relative clause introduced by qui are widely separated. The imperfect subjunctive prouocaretur in the relative clause expresses a subjunctive of counterfactual or hypothetical condition (the one who would have been appealed to if the delegator himself had judged).

Cite this passage

Justinian I, The Digest of Justinian §49.3.1.pr-49.3.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.3.1.pr-49.3.1.1

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